As a parent, the world of special education can be complicated, confusing, and even intimidating. It’s important to trust your child’s teacher and IEP team, however it’s probably even more important to know your rights as parents. Knowing your parental rights will help ensure that your child receives the most appropriate and meaningful education. Parents are the experts on their own children, so it’s really important to make sure that your voice is heard! This article will tell you everything you need to know about special education and IEP meeting parents’ rights.
What is an IEP?
An IEP is an Individualized Education Program. This document is developed when a student initially enters special education, and is revised annually by the student’s case manager, typically the special education teacher, with the input of other stakeholders such as the parents, a general education teacher, and related service providers. The IEP document contains sections such as annual goals, the student’s present levels of performance, and services. In order to successfully develop this document, the IEP team members will meet annually for a student’s IEP meeting.
What is an IEP Meeting?
An IEP meeting is a meeting that takes place annually for a student who qualifies for special education services. Typically, the parents/guardians, special education teacher, general education teacher, school administrator, and any other stakeholders in the student’s education are participants in the IEP meeting. At this meeting, the IEP team develops, discusses, and reviews the student’s IEP document. Legally, the IEP team collaborates annually at a student’s Plan Review IEP meeting to develop the new IEP document, and every three years at a student’s Eligibility Evaluation IEP meeting to review the results of assessments to determine/re-confirm eligibility and appropriate placement and services. The Plan Review (Annual) IEP meeting and Eligibility Evaluation (Triennial) IEP meeting are the two most common IEP meetings.
IEP Meeting – Parents’ Rights
Parents have many different rights when it comes to the IEP process for their child. Parental rights, referred to as Procedural Safeguards in IDEA, begin prior to the IEP meeting and last long after. Below is a comprehensive list with descriptions of the many different parental rights during the IEP process.
1. Parents Have the Right to Receive Their Procedural Safeguards Notice Annually, and Upon Request
The school district must provide the parents with a copy of their procedural safeguards once a year, in their native language. This typically occurs at the student’s annual IEP meeting. A copy must also be given to the parent if requested, in addition to a few other scenarios. IDEA lists the content required in a procedural safeguards notice in detail.
2. Parents Have the Right to Participate in IEP Meetings
Parents must be given the opportunity to participate in their child’s IEP meetings. These meetings will include the identification, evaluation, and educational placement of the child, in addition to the offer of FAPE (Free and Appropriate Public Education) for the student. If you are unable to attend your child’s IEP meeting in person, the school district must offer alternate means of meeting to ensure your involvement (i.e. phone call meeting, video call meeting).
3. Parents Have the Right to Invite Additional People to the IEP Meeting
You have the right to invite anyone you would like to your child’s IEP meeting. It’s common for parents to invite other family members, friends, an advocate, or even an attorney to the IEP meeting.
4. Parents Have the Right to Call for an IEP Meeting at Any Time
Regardless of when your child’s IEP is due or when the last IEP meeting took place, you can always request an IEP meeting. Parents typically do this if they have a concern or would like a change to be made to the IEP. This type of IEP meeting would most likely be classified as an Amendment.
5. Parents Have the Right to Consent or Decline to Consent
An IEP cannot be implemented until the parents have provided a level of consent. This means that the school district cannot begin working on new IEP goals or provide the proposed services until the parents have signed their consent (or a level of consent).
The parents do not need to consent to the entire IEP document. If there is something written in the IEP that you do not agree with, but you want the school to start providing services and working on goals, you can sign for a level of consent to the IEP document. There are check boxes on the signature page where you identify your level of consent. You can check that you:
- Agree to all parts of the IEP
- Agree with the exception of _____ (and then fill in the blank)
- Decline the offer of special education services
Additionally, the school district cannot conduct an assessment of your child until you have given written consent. Assessments and special education services may not be provided to the student until the parents have provided a level of consent. It’s important to note that parents also have the right to decline to consent to any assessments, services, or placement in special education.
6. Parents Have the Right to Examine Records
Parents are given the right to examine any and all records upon request that relate to the educational placement of their child (that includes evaluations conducted to assess eligibility and records of identification for special education).
It is important to note that school districts can hold an IEP meeting and make decisions regarding the student’s educational placement without a parent present if the parent was unresponsive and the school district has a record of their attempts to involve the parent.
7. Parents Have the Right to Receive Prior Written Notice Regarding Changes
When a school district initiates a change or refuses to make a change regarding a student’s identification, evaluation, or educational placement under their FAPE (free and appropriate public education), the district must send the parents a written notice explaining their plan. The written notice must be in the family’s native language and should be provided within a reasonable time before any changes are set to be made.
The prior written notice must include an explanation of the school district’s decision, description of the proposed change, and several other pieces of information.
8. Parents Have the Right to Obtain an Independent Educational Evaluation (IEE)
An independent educational evaluation (IEE) is when a qualified examiner, who is not employed by the school district/public agency who is providing the student with an education, conducts an evaluation of the student related to their education. Essentially, this means getting an evaluation done by a private agency or other outside organization that is not the student’s school district.
If a parent doesn’t agree with the school district’s evaluation of their student and requests an IEE, then the school district must give the parent information about where they can get an IEE in addition to either paying for the full cost of the evaluation or ensuring that it is provided at no cost to the parent (provided at public expense).
If a parent disagrees with a school district’s evaluation, and thus requests an IEE at the expense of the student’s school district, the district has two options. They must either a) file a due process complaint to request a hearing to demonstrate that its evaluation is appropriate or b) ensure that the evaluation is provided at public expense, unless they are able to prove that the outside evaluation does not meet the school district criteria for evaluations. The school district may not unreasonably delay either of these options.
If it’s found during the due process hearing that the school district’s evaluation was appropriate, the parent still has the right to seek an evaluation through an outside agency, however this IEE would not be provided at public expense. The school district is allowed to ask the parent why they want an IEE, however the parent is not legally required to provide a reason. Additionally, you are only entitled to one IEE each time the school district conducts an evaluation of your child.
In summary, your parental rights for independent educational evaluations (IEEs) are:
- You may always request an IEE if you do not agree with the school district’s evaluation.
- The IEE will be at no cost to you, unless the school district proved their own evaluation to be appropriate during a due process hearing filed by the school district.
- Even if the school district’s evaluation was deemed appropriate by the courts, you may still obtain an IEE, however you must be the one to pay for it.
- The school district may not cause unnecessary delay in 1) filing a due process complaint if they believe that their own evaluation was appropriate, or 2) ensuring that the IEE is provided at public expense to the family, unless the IEE did not meet evaluation criteria.
- You do NOT need to provide the school district with an explanation of why you want an IEE.
- You are entitled to only one IEE at public expense each time the school district conducts an evaluation.
- The results of an IEE that meets criteria, whether at public expense or paid for privately, must be considered by the school district when making decisions regarding the student’s free and appropriate public education (FAPE), which is outlined in their IEP document.
9. Parents Have the Right to Mediation
IDEA requires school districts to have procedures in place that ensure voluntary mediation is available to parents if requested. The school district cannot use the mediation to deny or delay a parent’s right to a hearing on the parent’s due process complaint or any other rights. The state covers the cost of mediation. If the mediation causes resolve to a dispute, the parents and the school district must sign a legally-binding agreement which remains confidential.
10. Parents Have the Right to File a Due Process Complaint
Both parents and the school district can file a due process complaint relating to the identification, evaluation, educational placement, or offer of FAPE. The complaint must allege a violation, and it must be filed within 2 years of your knowledge of the alleged violation. For more information, check out IDEA Sec. 300.508, Sec. 300.509, Sec. 300.510, and Sec. 300.511
11. Parents Have the Right to Keep Their Child in Their Current Educational Placement Throughout Due Process Complaint Proceedings
Your student can remain in their current educational placement during the time of a due process complaint. This means that if you disagree with the school district’s decision of placement or any proposed changes, your child has the right to stay in their current placement until everything has been resolved.
IEP Meeting Parents’ Rights: Key Take-Aways
Parents have a lot of rights when it comes to special education and their child. Make sure your school district is providing you with your procedural safeguards (parental rights) annually, and you can even ask for them at any time if you would like to review them. It’s important to know your rights in order to ensure they are not violated.